This Explanatory Note was written as a reader’s aid to Bill 124 and does not form part of the law. Bill 124 has been enacted as Chapter 9 of the Statutes of Ontario, 2002.

This Bill amends the Building Code Act, 1992 and the Planning Act. The major amendments are described below.

Currently, the Building Code Act, 1992 and the building code are enforced by the Crown, municipalities, counties, boards of health, planning boards and conservation authorities (who are called “principal authorities” by an amendment made in this Bill). Each of them has a chief building official and inspectors who have powers and duties under the Act and the building code.

Amendments to the Act will also permit the building code to be enforced by new entities called “registered code agencies”. A principal authority will be able to appoint a registered code agency to perform specified functions in connection with the construction of one or more buildings. The power of principal authorities to make these appointments is set out in the new section 4.1 of the Act.

Principal authorities may also authorize certain classes of applicants for permits under section 8 of the Act to appoint a registered code agency to enforce the building code in connection with an applicant’s construction. These powers are set out in the new section 4.2 of the Act.

Every registered code agency must have the qualifications and meet the requirements specified in the building code. The functions, powers and duties of registered code agencies are set out in the new sections 15.14 to 15.22 of the Act. Once a registered code agency has been appointed, the appointment cannot be terminated except in accordance with the building code.

The Act will require chief building officials and inspectors to have the qualifications set out in the building code. An amendment to the Act also provides that designers must also have the qualifications set out in the building code, in order to engage in certain activities. The requirements for qualifications are consolidated in the new section 15.11 of the Act.

Registered code agencies, designers and others will also be required to have the insurance coverage specified in the building code. This is set out in the new section 15.13 of the Act.

The Bill consolidates certain provisions that are now in the Act: provisions relating to the enforcement of requirements for plumbing and sewage systems (the new sections 6.1 and 6.2) and provisions relating to unsafe conditions (the new sections 15.9 and 15.10).

Other amendments are made with respect to the enforcement of the Act and building code by principal authorities. Under section 6 of the Act, as re-enacted in the Bill, principal authorities may enter into reciprocal agreements governing the review of substantially similar building plans. Amendments to section 7 of the Act require that fees charged by principal authorities for permits must reflect the cost of service delivery. Principal authorities will be required to make annual reports about fees and costs. Principal authorities will also be required to hold a public meeting before changing their fees under the Act.

Principal authorities will be required to establish a code of conduct for their chief building official and inspectors, under section 7.1 of the Act. The roles of various persons (such as designers, builders, manufacturers, registered code agencies, chief building officials and inspectors) are also described in the new section 1.1.

The Minister of Municipal Affairs and Housing is given the authority to issue written interpretations of the building code, which are binding. This is set out in the new section 28.1 of the Act.

The amendments to section 41 of the Planning Act relate to site plan control. The new subsection 41 (4.3) of the Act enables property owners and municipalities to apply to the Ontario Municipal Board to resolve a dispute about whether a matter is subject to site plan control.

(1.3) A reference to the “chief building official” in this Act, other than in subsections 1 (1), 3 (2), (3) and (6) and section 4, includes an inspector who has the same powers and duties as the chief building official,

(a) in relation to sewage systems by virtue of subsections 3.1 (3) or 6.2 (4); and

(b) in relation to plumbing by virtue of subsection 6.1 (5).

3. The Act is amended by adding the following section:

Role of various persons

1.1 (1) It is the role of every person who causes a building to be constructed,

(a) to cause the building to be constructed in accordance with this Act and the building code and with any permit issued under this Act for the building;

(b) to ensure that construction does not proceed unless any permit required under this Act has been issued by the chief building official; and

(c) to ensure that construction is carried out only by persons with the qualifications and insurance, if any, required by this Act and the building code.

Role of designers

(2) It is the role of a designer,

(a) if the designer’s designs are to be submitted in support of an application for a permit under this Act, to provide designs which are in accordance with this Act and the building code and to provide documentation that is sufficiently detailed to permit the design to be assessed for compliance with this Act and the building code and to allow a builder to carry out the work in accordance with the design, this Act and the building code;

(b) to perform the role described in clause (a) in respect of only those matters for which the designer has the qualifications, if any, required by this Act and the building code; and

(c) if the building code requires that all or part of the design or construction of a building be under general review, to perform the general review in respect of only those matters for which the designer has the qualifications, if any, required by this Act and the building code.

Role of builders

(3) It is the role of a builder,

(a) to ensure that construction does not proceed unless any permit required under this Act has been issued by the chief building official;

(b) to construct the building in accordance with the permit;

(c) to use appropriate building techniques to achieve compliance with this Act and the building code; and

(d) when site conditions affect compliance with the building code, to notify the designer and an inspector or the registered code agency, as appropriate.

Role of manufacturers, etc.

(4) It is the role of manufacturers, suppliers and retailers of products that are intended for use in Ontario in the construction of a building for a purpose that is regulated by this Act or the building code to ensure that the products comply with the standards established under this Act and the building code.

Role of registered code agencies

(5) It is the role of a registered code agency,

(a) to exercise powers and perform duties under this Act and the building code in connection with reviewing plans, issuing certificates, inspecting construction and performing other functions in accordance with this Act and the building code; and

(b) to carry out the duties of a registered code agency under this Act and the building code in respect of only those matters for which the registered code agency is qualified under this Act and the building code.

Role of chief building officials

(6) It is the role of a chief building official,

(a) to establish operational policies for the enforcement of this Act and the building code within the applicable jurisdiction;

(b) to co-ordinate and oversee the enforcement of this Act and the building code within the applicable jurisdiction;

(c) to exercise powers and perform the other duties assigned to him or her under this Act and the building code; and

(d) to exercise powers and perform duties in accordance with the standards established by the applicable code of conduct.

Role of inspectors

(7) It is the role of an inspector,

(a) to exercise powers and perform duties under this Act and the building code in connection with reviewing plans, inspecting construction and issuing orders in accordance with this Act and the building code;

(b) to exercise powers and perform duties in respect of only those matters for which he or she has the qualifications required by this Act and the building code; and

(c) to exercise powers and perform duties in accordance with the standards established by the applicable code of conduct.

Limitation

(8) Nothing in this section relieves any person or entity from the duty to comply with any part of this Act or the building code or affects the rights or duties of a person not mentioned in this section in respect of the construction of a building.

4. The Act is amended by adding the following heading immediately before section 2:

Enforcement Authorities

5. Subsection 2 (2) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 24, section 224, is repealed and the following substituted:

Director

(2) There shall be a director of the Building and Development Branch of the Ministry of Municipal Affairs and Housing who is appointed by the Lieutenant Governor in Council for the purposes of this Act.

6. (1) Subsection 3 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 2, is repealed and the following substituted:

Enforcement by municipalities and counties

(1) The council of each municipality is responsible for the enforcement of this Act in the municipality, except where otherwise provided by this Act.

(2) Subsection 3 (2.1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 2, is repealed.

(3) Section 3 of the Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 2 and 2000, chapter 5, section 7, is further amended by adding the following subsection:

Records

(9) Every municipality and every county that has jurisdiction for the enforcement of this Act shall retain such records as may be prescribed by regulation for the prescribed period of time.

7. Section 3.1 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 3 and amended by 1999, chapter 12, Schedule M, section 2, is further amended by adding the following subsection:

Records

(7) Every board of health, planning board and conservation authority prescribed for the purposes of subsection (1) shall retain such records as may be prescribed by regulation for the prescribed period of time.

8. The Act is amended by adding the following sections:

Enforcement by registered code agency appointed by a principal authority

4.1(1) Subject to this Act and the building code, a principal authority may enter into agreements with registered code agencies authorizing the agency to perform the functions specified in the agreement in respect of the construction of any building or class of building specified in the agreement.

Appointment

(2) After entering into the agreement with the registered code agency, the principal authority may appoint the agency to perform specified functions in respect of the construction of a building or class of buildings.

Delegation of power to appoint

(3) The principal authority may delegate, in writing, to the chief building official the authority to make appointments described in subsection (2), and may impose conditions or restrictions with respect to the delegation.

Same

(4) Unless otherwise provided in the building code, an appointment of a registered code agency may authorize the agency to perform all of the applicable functions described in section 15.15,

(a) before a permit is issued under section 8;

(b) after a permit is issued under section 8; or

(c) both before and after a permit is issued under section 8.

Conflicts

(5) A registered code agency shall not accept an appointment in the circumstances set out in the building code or if it would have a conflict of interest as determined in accordance with the building code.

Effect of appointment

(6) A registered code agency shall perform the functions specified in the appointment for the construction of a specified building or class of buildings and subject to the restrictions set out in this Act and the building code, and shall do so in the manner and subject to the restrictions, if any, set out in the building code.

Same

(7) The duty of the registered code agency to perform those functions begins when the appointment is made and ends when the appointment expires as described in section 15.19 or is terminated in accordance with section 15.20.

Notice to the director

(8) A principal authority that appoints a registered code agency shall give the director such information as may be prescribed by regulation.

Enforcement by registered code agency appointed by an applicant

4.2(1) This section applies only if a principal authority authorizes it, by regulation, by-law or resolution, as the case may be, to apply within the jurisdiction of the principal authority.

Appointment

(2) Subject to this Act and the building code, a prescribed person who is entitled to apply for a permit under section 8 of this Act may appoint a registered code agency to perform all of the functions described in section 15.15 in respect of the construction of a building.

Exception

(3) Subsection (2) does not apply,

(a) if a registered code agency has been appointed by a principal authority to perform any function in respect of the construction; or

(b) if an inspector has begun to perform any function in respect of the construction.

Manner of appointment

(4) The appointment must be made in writing in the prescribed manner and is subject to the prescribed conditions and restrictions.

Conflicts

(5) A registered code agency shall not accept an appointment in the circumstances set out in the building code or if it would have a conflict of interest as determined in accordance with the building code.

Effect of appointment

(6) A registered code agency shall perform its functions for the specified building subject to the restrictions set out in this Act and the building code and shall do so in the manner and subject to the restrictions, if any, set out in the building code.

Same

(7) The duty of the registered code agency to perform those functions begins when the appointment is made and ends when the appointment expires as described in section 15.19 or is terminated in accordance with section 15.20.

Replacement agency

(8) A person who has appointed a registered code agency under subsection (2) in respect of the construction of a building cannot replace the agency after it has begun to perform any function in respect of the construction unless the appointment of that agency has expired as described in section 15.19 or has been terminated in accordance with section 15.20.

Notice to director

(9) The person who appoints a registered code agency under this section shall give the director such information as may be prescribed by regulation.

Notice to chief building official

(10) The person who appoints a registered code agency under this section shall give the chief building official such information as may be prescribed by regulation.

9. Section 6 of the Act is repealed and the following substituted:

Agreement re review of plans

6.(1) Two or more principal authorities may enter into an agreement providing for,

(a) the review by a principal authority for compliance with the building code of plans and specifications for the construction of a building within its area of jurisdiction;

(b) an expedited review by another principal authority for compliance with the building code of plans and specifications for the construction of substantially similar buildings;

(c) the allocation of responsibility for reviews for compliance with the building code of plans and specifications for the construction of buildings;

(d) the resolution of disagreements about whether plans and specifications comply with the building code;

(e) indemnification; and

(f) such other matters as may be necessary to give effect to the agreement.

Delegation

(2) A principal authority may delegate to the chief building official the authority to make such decisions under an agreement as may be necessary for its implementation.

10. The Act is amended by adding the following sections:

Agreement re plumbing

6.1(1) Despite any other provision of this Act, the council of a county and of one or more municipalities in the county may enter into an agreement for the enforcement by the county of the provisions of this Act and the building code related to plumbing in the municipalities and for charging the municipalities the whole or part of the cost.

Delegation to health unit

(2) If an agreement under subsection (1) is in effect, the county council may by agreement delegate its powers under subsection (1) to a board of health having jurisdiction in the municipalities that are parties to the agreement.

Delegation by municipality

(3) A municipality that is not a party to an agreement under subsection (1) may enter into an agreement with the board of health having jurisdiction in the municipality for the enforcement of the provisions of this Act and the building code relating to plumbing.

Plumbing inspectors

(4) The county council or the board of health may appoint plumbing inspectors for the purpose of this section.

Powers

(5) A plumbing inspector appointed under this section or, if there is more than one inspector in the area of jurisdiction, the senior plumbing inspector has the same powers and duties in relation to plumbing as does the chief building official in respect of buildings other than the issuance of conditional permits.

Responsibility

(6) If plumbing inspectors have been appointed under this section, the chief building official and inspectors appointed under section 3 or 4 shall not exercise their powers under this Act in respect of plumbing.

Application

(7) Subsections 3 (8) and (9) and section 7 apply with necessary modifications to a county council or a board of health that has assumed responsibility for plumbing under this section.

Transition, plumbing

(8) If, on July 1, 1993, a county was carrying out plumbing inspections under the Ontario Water Resources Act in the municipalities that form part of the county, the county shall enforce the provisions of this Act and the building code related to plumbing in all of the municipalities forming part of the county until the county council by by-law determines otherwise, whereupon section 3 applies.

Same

(9) Subsections (4) to (7) apply with necessary modifications to a county that has assumed responsibility for plumbing under subsection (8).

Definition

(10) For the purpose of subsections (8) and (9),

“county” includes any regional municipality that has been deemed to be a county by any general or special Act for the purposes of section 76 of the Ontario Water Resources Act, as it read on June 30, 1993.

Agreement re sewage systems

6.2(1) Despite any other provision of this Act, the council of a county and of one or more municipalities in the county may enter into an agreement for the enforcement by the county of the provisions of this Act and the building code related to sewage systems in the municipalities and for charging the municipalities the whole or part of the cost.

Delegation

(2) A municipality that is not a party to an agreement under subsection (1) may enter into an agreement with a board of health or a conservation authority having jurisdiction in the municipality for the enforcement of the provisions of this Act and the building code related to sewage systems.

Inspectors

(3) The county council, board of health or conservation authority may appoint sewage system inspectors for the purposes of this section.

Powers

(4) A sewage system inspector appointed under this section in an area of jurisdiction or, if there is more than one inspector in the area of jurisdiction, the inspector designated by the county council, board of health or conservation authority has the same powers and duties in relation to sewage systems as does the chief building official in respect of buildings.

Responsibility

(5) If sewage system inspectors have been appointed under this section, the chief building official and inspectors appointed under section 3 or 4 shall not exercise their powers under this Act in respect of sewage systems.

Application

(6) Subsections 3 (8) and (9) and section 7 apply with necessary modifications to a county council, board of health or conservation authority that has assumed responsibility for sewage systems under this section.

11. (1) Clause 7 (e) of the Act is repealed and the following substituted:

(e) prescribing the time within which notices required by the building code must be given to the chief building official or an inspector, other than the notices required by subsection 10.2 (1);

(2) Section 7 of the Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 6 and 1999, chapter 12, Schedule M, section 3, is further amended by adding the following subsections:

Fees

(2) The total amount of the fees authorized under clause (1) (c) must not exceed the anticipated reasonable costs of the principal authority to administer and enforce this Act in its area of jurisdiction.

Reduction in fees

(3) A regulation, by-law or resolution establishing fees under clause (1) (c) must provide for reduced fees to be payable in respect of the construction of a building for which a registered code agency is appointed under section 4.2.

Report on fees

(4) Every 12 months, each principal authority shall prepare a report that contains such information as may be prescribed about any fees authorized under clause (1) (c) and costs of the principal authority to administer and enforce this Act in its area of jurisdiction.

Same

(5) The principal authority shall make its report available to the public in the manner required by regulation.

Change in fees

(6) If a principal authority proposes to change any fee imposed under clause (1) (c) for applications for a permit or for the issuance of a permit, the principal authority shall,

(a) give notice of the proposed changes in fees to such persons as may be prescribed; and

(b) hold a public meeting concerning the proposed changes.

Same, notice

(7) The notice of proposed changes in fees must contain the prescribed information, including information about the public meeting, and must be given in the prescribed manner.

Same, public meeting

(8) The public meeting concerning proposed changes in fees must be held within the period specified by regulation before the regulation, by-law or resolution to implement the proposed changes is made.

Forms

(9) The power to prescribe forms under clause (1) (f) does not include the power to prescribe a form for a particular purpose where there is a form for that purpose prescribed in the building code.

12. Section 7.1 of the Act, as enacted by the Statutes of Ontario, 1999, chapter 12, Schedule M, section 4, is repealed and the following substituted:

Code of conduct

7.1(1) A principal authority shall establish and enforce a code of conduct for the chief building official and inspectors.

Purposes

(2) The following are the purposes of a code of conduct:

1. To promote appropriate standards of behaviour and enforcement actions by the chief building official and inspectors in the exercise of a power or the performance of a duty under this Act or the building code.

2. To prevent practices which may constitute an abuse of power, including unethical or illegal practices, by the chief building official and inspectors in the exercise of a power or the performance of a duty under this Act or the building code.

3. To promote appropriate standards of honesty and integrity in the exercise of a power or the performance of a duty under this Act or the building code by the chief building official and inspectors.

Contents

(3) A code of conduct must provide for its enforcement and include policies or guidelines to be used when responding to allegations that the code has been breached and disciplinary actions that may be taken if the code is breached.

Public notice

(4) The principal authority shall ensure that the code of conduct is brought to the attention of the public.

13. The Act is amended by adding the following heading immediately before section 8:

(1.1) An application for a permit to construct or demolish a building may be made by a person specified by regulation and the prescribed form must be used and be accompanied by the documents and information specified by regulation.

(2) Subsection 8 (2) of the Act is repealed and the following substituted:

Issuance of permits

(2) The chief building official shall issue a permit referred to in subsection (1) unless,

(a) the proposed building, construction or demolition will contravene this Act, the building code or any other applicable law;

(b) the applicant is a builder or vendor as defined in the Ontario New Home Warranties Plan Act and is not registered under that Act;

(c) a person who prepared drawings, plans, specifications or other documents or gave an opinion concerning the compliance of the proposed building or construction with the building code does not have the applicable qualifications, if any, set out in the building code or does not have the insurance, if any, required by the building code;

(d) the plans review certificate, if any, required for the application does not contain the prescribed information;

(e) the application for the permit is not complete; or

(f) any fees due have not been paid.

Restriction

(2.1) If the application includes a plans review certificate that contains the prescribed information, the chief building official is not entitled to refuse to issue the permit on the grounds that the proposed construction of the building to which the certificate relates does not comply with the building code.

Decision

(2.2) When an application for a permit contains the prescribed information, the chief building official is required to determine within the period prescribed by regulation whether to issue the permit or to refuse to issue it.

Same, reasons for refusal

(2.3) If the chief building official refuses to issue the permit, he or she shall inform the applicant of all of the reasons for the refusal of the permit and shall do so within the period prescribed by regulation.

(3.1) A principal authority may, in writing, delegate to the chief building official the power to enter into agreements described in clause (3) (c) and may impose conditions or restrictions with respect to the delegation.

(4) Subsection 8 (9) of the Act is repealed and the following substituted:

Referral of plans, etc.

(9) Upon reasonable grounds, the chief building official or registered code agency may refer drawings, plans or specifications accompanying applications for permits or the reports arising out of the general review of the construction of a building to the Association of Professional Engineers of Ontario or the Ontario Association of Architects for the purpose of determining if the Professional Engineers Act or the Architects Act is being contravened.

Same

(9.1) At the request of the Association of Professional Engineers of Ontario or the Ontario Association of Architects, the chief building official shall refer documents and information described in subsection (9) to those associations for the purpose of determining if the Professional Engineers Act or the Architects Act is being contravened.

(14) If a request for authorization referred to in subsection (12) or (13) is accompanied by a change certificate that contains the prescribed information, the chief building official is not entitled to refuse to authorize the change on the grounds that the construction of the building to which the certificate relates does not comply with the building code.

15. Section 9 of the Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 8, is repealed and the following substituted:

Equivalent materials, etc.

9.(1) The chief building official or a registered code agency may allow the use of materials, systems and building designs that are not authorized in the building code if, in the opinion of the chief building official or registered code agency, the proposed materials, systems and building designs will achieve the level of performance required by the building code.

Conditions

(2) The chief building official or registered code agency, as the case may be, may impose conditions on the use of the materials, systems and building designs, including conditions relating to the construction, operation or maintenance of the building.

Restrictions

(3) The powers of the chief building official and registered code agency under subsection (1) to allow the use of materials, systems and building designs and under subsection (2) to impose conditions are subject to such conditions as may be set out in the building code.

Revocation

(4) The chief building official may alter or revoke a condition imposed under subsection (2).

Repeal

(5) This section is repealed on a day to be named by proclamation of the Lieutenant Governor.

16. Subsection 10 (1) of the Act is repealed and the following substituted:

Change of use

(1) Even though no construction is proposed, no person shall change the use of a building or part of a building or permit the use to be changed if the change would result in an increase in hazard, as determined in accordance with the building code, unless a permit has been issued by the chief building official.

17. The Act is amended by adding the following section:

Notice of readiness for inspection

10.2(1) At each stage of construction specified in the building code, the prescribed person shall notify the chief building official or the registered code agency, if any, that the construction is ready to be inspected.

Inspection

(2) After the notice is received, an inspector or the registered code agency, as the case may be, shall carry out the inspection required by the building code within the prescribed period.

18. Section 11 of the Act is repealed and the following substituted:

Occupancy or use after completion

11.(1) Except as authorized by the building code, a person shall not occupy or use a building or part of a building that is newly erected or installed or permit it to be occupied or used until the requirements set out in this section are met.

Notice of date of completion

(2) Notice of the date of completion of the building or part must be given to the chief building official or the registered code agency, if any.

Final certificate

(3) If a registered code agency has been appointed for the building or part of the building by a principal authority to perform the functions described in clause 4.1 (4) (b) or (c) or has been appointed under section 4.2, a final certificate that contains the prescribed information must be issued.

Inspection, etc.

(4) If subsection (3) does not apply,

(a) either the building or part must be inspected or 10 days must elapse after notice of the date of completion is served on the chief building official; and

(b) any order made under section 12 must be complied with.

19. Subsection 12 (4) of the Act is repealed and the following substituted:

Form and contents

(4) The prescribed form must be used for the order and it must contain sufficient information to specify the nature of the contravention and its location and the nature of the compliance that is required.

20. (1) Section 13 of the Act is amended by adding the following subsection:

Form of order

(1.1) The prescribed form must be used for an order made under this section.

(2) Subsection 13 (6) of the Act is amended by inserting “or registered code agency” after “chief building official” in the portion before clause (a).

(3) Clauses 13 (6) (b) and (c) of the Act are repealed and the following substituted:

(b) the notice was not given within the period prescribed in the building code;

(c) the period required by the building code after notice was given under section 10.2 (notice of readiness for inspection) had not elapsed; or

. . . . .

21. (1) Subsection 14 (1) of the Act is amended by inserting “or registered code agency, as the case may be” after “chief building official”.

(2) Section 14 of the Act is amended by adding the following subsection:

Form of order

(1.1) The prescribed form must be used for the order.

(3) Subsection 14 (2) of the Act is amended by inserting “or registered code agency” after “chief building official”.

(4) Section 14 of the Act is amended by adding the following subsections:

Referral to chief building official

(5) When a registered code agency makes an order under this section, the agency shall refer the matter to the chief building official as soon as practicable.

Same

(6) The referral must be made in the prescribed manner.

Effect of referral

(7) After making the referral, the registered code agency shall take no further steps in respect of the matter to which the order refers and the principal authority that issued the permit is responsible for the enforcement of this Act in respect of the matter.

Powers of chief building official

(8) The chief building official may amend or rescind any order made by the registered code agency in respect of the matter.

23. The Act is amended by adding the following heading immediately before section 15.1:

Property Standards

24. Subsections 15.3 (3), (4) and (5) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 24, section 224, are repealed and the following substituted:

Duty of committee

(3) The committee shall hear the appeal.

Powers of committee

(3.1) On an appeal, the committee has all the powers and functions of the officer who made the order and the committee may do any of the following things if, in the committee’s opinion, doing so would maintain the general intent and purpose of the by-law and of the official plan or policy statement:

1. Confirm, modify or rescind the order to demolish or repair.

2. Extend the time for complying with the order.

Appeal to court

(4) The municipality in which the property is situate or any owner or occupant or person affected by a decision under subsection (3.1) may appeal to the Superior Court of Justice by notifying the clerk of the municipality in writing and by applying to the court within 14 days after a copy of the decision is sent.

Appointment

(5) The Superior Court of Justice shall appoint, in writing, a time and place for the hearing of the appeal and may direct in the appointment the manner in which and the persons upon whom the appointment is to be served.

25. Subsection 15.7 (7) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 24, section 224, is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.

26. The Act is amended by adding the following sections:

Unsafe Buildings

Inspection of unsafe buildings

15.9(1) An inspector may enter upon land and into buildings at any reasonable time without a warrant for the purpose of inspecting a building to determine,

(a) whether the building is unsafe; or

(b) whether an order made under subsection (4) has been complied with.

Interpretation

(2) A building is unsafe if the building is,

(a) structurally inadequate or faulty for the purpose for which it is used; or

(b) in a condition that could be hazardous to the health or safety of persons in the normal use of the building, persons outside the building or persons whose access to the building has not been reasonably prevented.

Sewage systems

(3) In addition to the criteria set out in subsection (2), a sewage system is unsafe if it is not maintained or operated in accordance with this Act and the building code.

Order

(4) An inspector who finds that a building is unsafe may make an order setting out the reasons why the building is unsafe and the remedial steps necessary to render the building safe and may require the order to be carried out within the time specified in the order.

Service

(5) The order shall be served on the owner and each person apparently in possession of the building and such other persons affected thereby as the chief building official determines and a copy of the order may be posted on the site of the building.

Order respecting occupancy

(6) If an order of an inspector under subsection (4) is not complied with within the time specified in it, or where no time is specified, within a reasonable time, the chief building official,

(a) may by order prohibit the use or occupancy of the building; and

(b) may cause the building to be renovated, repaired or demolished to remove the unsafe condition or take such other action as he or she considers necessary for the protection of the public.

Power of entry

(7) For the purpose of clause (6) (b), the chief building official, an inspector and their agents may enter upon land and into buildings at any reasonable time without a warrant.

Service

(8) The order under clause (6) (a) shall be served on the owner and each person apparently in possession of the building and such other persons affected thereby as the chief building official determines and a copy of the order shall be posted on the site of the building.

Timing

(9) The order under clause (6) (a) is effective from the time it is posted.

Municipal lien

(10) If the building is in a municipality, the municipality shall have a lien on the land for the amount spent on the renovation, repair, demolition or other action under clause (6) (b) and the amount shall be deemed to be municipal real property taxes and may be added by the clerk of the municipality to the collector’s roll and collected in the same manner and with the same priorities as municipal real property taxes.

Deemed taxes

(11) If the building is in territory without municipal organization, the amount spent on the renovation, repair, demolition or other action under clause (6) (b) shall be deemed to be taxes imposed under section 3 of the Provincial Land Tax Act for the purposes of sections 26 and 27 of that Act.

Emergency order where immediate danger

15.10(1) If upon inspection of a building an inspector is satisfied that the building poses an immediate danger to the health or safety of any person, the chief building official may make an order containing particulars of the dangerous conditions and requiring remedial repairs or other work to be carried out immediately to terminate the danger.

Service

(2) The order shall be served on the owner and each person apparently in possession of the building and such other persons affected thereby as the chief building official determines and a copy shall be posted on the site of the building.

Emergency powers

(3) After making an order under subsection (1), the chief building official may, either before or after the order is served, take any measures necessary to terminate the danger and, for this purpose, the chief building official, an inspector and their agents may at any time enter upon the land and into the building in respect of which the order was made without a warrant.

No liability

(4) Despite subsection 31 (2), the Crown, a municipal corporation, a county corporation, a board of health, a planning board or a conservation authority or a person acting on behalf of any of them is not liable to compensate the owner, occupant or any other person by reason of anything done by or on behalf of the chief building official or an inspector in the reasonable exercise of his or her powers under subsection (3).

Service

(5) If the order was not served before measures were taken to terminate the danger, the chief building official shall serve copies of the order in accordance with subsection (2) as soon as practicable after the measures have been taken and each copy of the order shall have attached to it a statement by the chief building official describing the measures taken and providing details of the amount spent in taking the measures.

Service of statement

(6) If the order was served before the measures were taken, the chief building official shall serve a copy of the statement mentioned in subsection (5) in accordance with subsection (2) as soon as practicable after the measures have been taken.

Application to court

(7) As soon as practicable after subsections (5) and (6) have been complied with, the chief building official shall apply to the Superior Court of Justice for an order confirming the order made under subsection (1) and the court shall hold a hearing for that purpose.

Powers of court

(8) In disposing of an application under subsection (7), the court shall,

(a) confirm, modify or rescind the order; and

(b) determine whether the amount spent on measures to terminate the danger may be recovered in whole, in part or not at all.

Order final

(9) The disposition under subsection (8) is final.

Municipal lien

(10) If the building is in a municipality, the amount determined by the judge to be recoverable shall be a lien on the land and shall be deemed to be municipal real property taxes and may be added by the clerk of the municipality to the collector’s roll and collected in the same manner and with the same priorities as municipal real property taxes.

Deemed taxes

(11) If the building is in territory without municipal organization, the amount determined by the judge to be recoverable shall be deemed to be taxes imposed under section 3 of the Provincial Land Tax Act for the purposes of sections 26 and 27 of that Act.

27. The Act is amended adding the following sections:

Qualifications

Qualifications for various positions

15.11(1) A person is not eligible to be appointed as a chief building official unless he or she has the qualifications set out in the building code for the position.

Same

(2) Subsection (1) also applies to every inspector who has the same powers and duties as a chief building official in relation to sewage systems or to plumbing, to the extent of those powers and duties.

Qualifications for inspectors

(3) A person is not eligible to be appointed as an inspector under this Act unless he or she has the qualifications set out in the building code for the position.

Qualifications for registered code agencies

(4) A person or entity is not eligible to be appointed as a registered code agency under this Act unless the person or entity has the qualifications and meets the requirements set out in the building code.

Qualifications for designers

(5) A person or entity is not eligible to engage in any of the following activities unless he, she or it has the qualifications and meets the requirements set out in the building code to be a designer:

1. Prepare a design or give other information or opinion concerning whether a building or part of a building complies with the building code, if the design, information or opinion is to be submitted to a chief building official in connection with,

i. an application for a permit,

ii. a request for the authorization referred to in subsection 8 (12) or (13), or

iii. a report described in paragraph 2.

2. If a general review of the construction of a building or part of a building is required by the building code, prepare a written report based on the general review.

Same

(6) In subsection (5),

“design” includes a plan, specification, sketch, drawing or graphic representation respecting the construction of a building.

Prohibition

(7) No person or entity shall represent, directly or indirectly, that he, she or it has the qualifications or meets the requirements established under this section if the person or entity does not have those qualifications or does not meet those requirements.

Qualifications re sewage systems

15.12(1) No person or entity shall engage in the business of constructing on site, installing, repairing, servicing, cleaning or emptying sewage systems unless the person or entity has the qualifications and meets the requirements set out in the building code.

Prohibition

(2) No person or entity shall represent, directly or indirectly, that he, she or it has the qualifications or meets the requirements referred to in subsection (1) if the person or entity does not have those qualifications or does not meet those requirements.

Duty to notify the chief building official

(3) If any part of the construction of a building will be undertaken by a person or entity described in subsection (1) (a “specified person”), no person shall begin or continue the construction of a sewage system, or cause it to begin or continue, unless the person has given the chief building official the prescribed information about the specified person.

Duty to have insurance

15.13(1) Every registered code agency, every person or entity referred to in subsection 15.11 (5) and such other persons and entities as may be specified in the building code who construct buildings are required to have the insurance coverage specified by the building code.

Exception

(2) Subsection (1) does not apply to a person or entity who is a builder or vendor within the meaning of the Ontario New Home Warranties Plan Act
in respect of the construction of a building.

Prohibition

(3) No person or entity shall represent, directly or indirectly, that he, she or it has the insurance coverage required by subsection (1) if the person or entity does not have that insurance coverage.

Qualification or requirement

(4) If the building code so provides, the insurance coverage constitutes a qualification or requirement for the purposes of a position referred to in section 15.11.

Duty to notify the chief building official

(5) If any part of the construction of a building will be undertaken by a person or entity who is required by subsection (1) to have insurance (a “specified person”), no person shall begin or continue the construction, or cause it to begin or continue, unless the person has given the chief building official the prescribed information about the specified person and the insurance coverage of the specified person.

28. The Act is amended by adding the following sections:

Powers and Duties of Registered Code Agencies

Notice to chief building official

15.14(1) Every registered code agency shall give the chief building official such information as may be prescribed by regulation.

Notice to the director

(2) Every registered code agency shall give the director such information as may be prescribed by regulation.

Functions of registered code agencies

15.15The following are the functions that a registered code agency may be appointed to perform in respect of the construction of a building:

1. Review designs and other materials to determine whether the proposed construction of a building complies with the building code.

2. Issue plans review certificates.

3. Issue change certificates.

4. Inspect the construction of a building for which a permit has been issued under this Act.

5. Issue final certificates.

6. Perform such other functions as may be authorized under this Act or in the building code.

Scope of agency’s powers

15.16(1) A registered code agency may exercise the powers and perform the duties specified in this Act and the building code in respect only of the functions and the building specified in a particular appointment.

Confidentiality

(2) A registered code agency shall not collect, use or disclose information except in accordance with the building code.

Persons acting on behalf of an agency

15.17(1) A registered code agency may authorize, in writing, one or more prescribed persons to exercise powers and perform its functions under this Act, subject to such conditions as may be prescribed by regulation.

Certificate of authorization

(2) The registered code agency shall issue a certificate of authorization containing the prescribed information to the authorized person.

Powers and duties of inspector

(3) The authorized person may exercise the powers and perform the duties of an inspector under any of the following provisions, in respect of the construction of a building for which the agency is appointed under this Act:

1. Section 12 (inspection).

2. Section 13 (order not to cover).

3. Section 16 (entry to dwellings).

4. Section 18 (powers of inspector).

Duties re certificates and orders

15.18(1) When a registered code agency makes an order under this Act, the agency shall give a copy of the order within the period prescribed by regulation to the chief building official.

Certificates

(2) A registered code agency shall issue such certificates and use such forms as may be required by the building code and shall include in them or provide such information as may be prescribed.

Same

(3) A certificate issued under this Act by a registered code agency must be in the prescribed form.

Expiry of an agency’s appointment

15.19(1) The appointment of a registered code agency expires when the agency has performed the functions for which it was appointed in respect of construction of the specified building.

Same, by virtue of circumstances

(2) The appointment of a registered code agency that has not performed all of the functions for which it is appointed in respect of the construction expires if either of the following events occurs:

1. The chief building official refuses to issue a permit for construction of the specified building.

2. The permit for construction of the building is revoked.

Termination of an agency’s appointment

15.20(1) The appointment of a registered code agency shall not be terminated except in accordance with this section and the building code.

Same

(2) The building code may specify that the consent of the director to the termination of an appointment is required.

Effect of termination, appointment by principal authority

(3) If the registered code agency was appointed by a principal authority, upon the termination of the appointment the principal authority becomes responsible to ensure that the remaining functions of the agency are performed by the principal authority or another registered code agency.

Same, appointment by applicant

(4) If the registered code agency was appointed under section 4.2, upon the termination of the appointment the person who made the appointment becomes responsible to ensure that the remaining functions of the agency are performed by another registered code agency or, with the prior written agreement of the principal authority, by the principal authority or to ensure that work on the construction is halted.

Powers of the director

(5) When the appointment of a registered code agency is terminated, the director may give directions to anyone described in subsection (6) in order to facilitate the transfer of the agency’s functions.

Same

(6) Directions may be given to the person who made the appointment that has been terminated, to the registered code agency whose appointment has been terminated and to a transferee registered code agency.

Duties

(7) The person to whom directions are given shall comply with them.

Order to suspend construction

15.21(1) The chief building official may, by order, suspend all or part of the construction of the building to which the appointment of a registered code agency relates,

(a) if the chief building official has reason to believe that the registered code agency has ceased to perform the functions specified in the appointment; and

(b) if the appointment of the registered code agency has not expired or been terminated.

Same

(2) If the appointment of a registered code agency under section 4.2 is terminated, the chief building official shall, by order, suspend the construction of the applicable building until,

(a) another registered code agency is appointed to perform the remaining functions of the original registered code agency; or

(b) the principal authority agrees, in writing, to perform the remaining functions of the original registered code agency.

Delegation

(3) A principal authority may delegate to the chief building official the power to agree to perform the remaining functions of a registered code agency appointed under section 4.2 whose appointment is terminated and may impose conditions and restrictions on the delegation.

Effect of order

(4) If an order is issued under this section, no person shall perform any act in the construction of the building in respect of which the order is made, other than work necessary to secure the safety and security of the building and of the construction site.

Procedural matters

(5) Subsections 14 (2) and (3) apply with respect to an order under this section.

Conflict between appointment and Act, etc.

15.22This Act and the building code prevail over the terms of an appointment of a registered code agency.

29. The Act is amended by adding the following section:

General Powers of Inspection and Enforcement

Duty to carry identification

15.23The chief building official, inspectors and persons authorized by a registered code agency to exercise powers and perform functions on its behalf shall carry their certificate of appointment or authorization, as the case may be, when performing their duties and shall produce them for inspection upon request.

30. (1) Clause 16 (1) (c) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 24, section 224, is repealed and the following substituted:

(c) the entry is necessary to terminate a danger under subsection 15.7 (3) or 15.10 (3); or

(4) Clause 17.1 (4) (b) of the Act, as enacted by the Statutes of Ontario, 1999, chapter 12, Schedule M, section 8, is repealed and the following substituted:

(b) subsection 8 (8), 15.9 (11) or 15.10 (11), as the case may be, applies to the collection of the amount; and

. . . . .

33. Section 18 of the Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 11, is further amended by adding the following subsection:

Form of order

(6) The prescribed form must be used for an order under subsection (1).

34. Section 18.1 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 12, is repealed.

35. (1) Subsection 19 (1) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 24, section 224, is amended by striking out “or officer” and substituting “officer or a person authorized by a registered code agency”.

(2) Subsection 19 (2) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 24, section 224, is amended by striking out “or officer” and substituting “officer or authorized person”.

(3) Subsection 19 (3) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 24, section 224, is amended by striking out “or officer” and substituting “officer or a person authorized by a registered code agency”.

(4) Subsection 19 (4) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 24, section 224, is repealed and the following substituted:

Same

(4) No person shall neglect or refuse,

(a) to produce any documents, drawings, specifications or things required under clause 15.8 (1) (a) or (e) by an officer or under clause 18 (1) (a) or (e) by an inspector or by a person authorized by a registered code agency; or

(b) to provide any information required under clause 15.8 (1) (c) by an officer or under clause 18 (1) (c) by an inspector or by a person authorized by a registered code agency.

36. Section 20 of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 24, section 224, is amended by striking out “or officer” and substituting “officer or registered code agency”.

37. The Act is amended by adding the following heading immediately before section 22:

Dispute Resolution, Reviews and Appeals

38. Subsection 23 (3) of the Act is repealed and the following substituted:

Eligibility

(3) A person is not eligible to be a member of the Commission if the person is in the public service of Ontario, is an employee of a municipality or is in a prescribed relationship to a registered code agency.

39. Subsections 24 (1), (2) and (3) of the Act are repealed and the following substituted:

Dispute resolution

(1) This section applies if there is a dispute,

(a) between an applicant for a permit, a holder of a permit or a person to whom an order is given and the chief building official, a registered code agency or an inspector concerning the sufficiency of compliance with the technical requirements of the building code;

(b) between an applicant for a permit and the chief building official concerning whether the official complied with subsection 8 (2.2) or (2.3); or

(c) between a holder of a permit and the chief building official, a registered code agency or an inspector concerning whether the requirements of subsection 10.2 (2) have been met.

Application for dispute resolution

(1.1) A party to the dispute may apply to the Building Code Commission to resolve the issue.

Hearing

(2) The Building Code Commission shall hold a hearing to decide the dispute and shall give the parties to the dispute notice of the hearing.

Same

(2.1) A hearing to decide a dispute described in clause (1) (b) or (c) must be held within the prescribed period.

Powers

(3) The Building Code Commission shall, by order, determine a dispute described in clause (1) (a) and, for that purpose, may substitute its opinion for that of the chief building official, registered code agency or inspector.

Same

(3.1) The Building Code Commission shall, by order, determine a dispute described in clause (1) (b) or (c) and, for that purpose, may require the chief building official, registered code agency or inspector, as the case may be, to comply with the applicable subsection of the Act.

40. (1) Subsection 25 (1) of the Act is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.

(2) Subsection 25 (1) of the Act is repealed and the following substituted:

Appeal to court

(1) A person who considers themself aggrieved by an order or decision made by the chief building official, a registered code agency or an inspector under this Act (except a decision under subsection 8 (3) not to issue a conditional permit) may appeal the order or decision to the Superior Court of Justice within 20 days after the order or decision is made.

(3) Subsection 25 (4) of the Act is repealed and the following substituted:

Powers of judge

(4) On an appeal, a judge may affirm or rescind the order or decision and take any other action that the judge considers the chief building official, registered code agency or inspector ought to take in accordance with this Act and the regulations and, for those purposes, the judge may substitute his or her opinion for that of the official, agency or inspector.

41. (1) Subsection 26 (1) of the Act is amended by striking out “the judge of the Ontario Court (General Division)” and substituting “the Superior Court of Justice”.

(2) Subsection 26 (3) of the Act is repealed and the following substituted:

Powers of Divisional Court

(3) An appeal under this section may be made on any question that is not a question of fact alone and the Divisional Court may,

(a) confirm or alter the decision of the judge;

(b) direct the chief building official, registered code agency or inspector to take any action that the official, agency or inspector is authorized to take under this Act;

(c) refer the matter back to the judge for reconsideration; or

(d) substitute its opinion for that of the chief building official, registered code agency, inspector or judge.

42. The Act is amended by adding the following heading immediately before section 28:

Authorizations and Rulings

43. Clause 28 (4) (a) of the Act is repealed and the following substituted:

(a) conduct research on, and examine, construction materials, systems and building designs or cause such research to be conducted and examinations to be undertaken;

44. The Act is amended by adding the following section:

Binding interpretations by the Minister

28.1(1) The Minister may issue a written interpretation of any provision of the building code, and the Minister’s interpretation is binding on any person exercising a power or performing a duty under this Act and on any person who is subject to this Act.

Public notice

(2) A statement setting out the Minister’s interpretation of a provision of the building code shall be made available to the public in the prescribed manner.

Regulations Act

(3) The Minister’s interpretation of a provision of the building code is not a regulation within the meaning of the Regulations Act.

Delegation

(4) The Minister may delegate his or her power under subsection (1) to the director.

45. (1) Clause 29 (1) (c) of the Act, as enacted by the Statutes of Ontario, 1999, chapter 12, Schedule M, section 9, is repealed and the following substituted:

(c) approving the use of alternative materials, systems and building designs which, in the opinion of the Minister, will achieve the level of performance required by the building code.

(2) Subsection 29 (7) of the Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 14, is further amended by striking out “clause (1) (a)” and substituting “clause (1) (a) or (c)”.

46. The Act is amended by adding the following heading immediately before section 31:

General

47. Section 31 of the Act, as amended by the Statutes of Ontario, 1997, chapter 24, section 224 and 1999, chapter 12, Schedule M, section 10, is further amended by adding the following subsections:

Immunity re registered code agencies

(3) The Crown, a municipal corporation, a county corporation, a board of health, a planning board or a conservation authority is not liable for any harm or damage resulting from any act or omission by a registered code agency or by a person authorized by a registered code agency under subsection 15.17 (1) in the performance or intended performance of any function set out in section 15.15.

Same

(4) The Crown, a municipal corporation, a county corporation, a board of health, a planning board or a conservation authority is not liable for any harm or damage resulting from any act or omission in the execution or intended execution of any power or duty under this Act or the regulations by their respective chief building official or inspectors if the act was done or omitted in reasonable reliance on a certificate issued or other information given under this Act by a registered code agency or by a person authorized by a registered code agency under subsection 15.17 (1).

48. Section 32 of the Act is repealed.

49. Section 32.1 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 16, is repealed.

50. Section 33 of the Act is repealed.

51. (1) Subsection 34 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 17 and 1999, chapter 12, Schedule M, section 11, is further amended by adding the following paragraphs:

1.1 prescribing the functions for which a registered code agency may be appointed under subsection 4.1 (4);

1.2 prescribing the information that a principal authority is required to give to the director under subsection 4.1 (8);

1.3 prescribing the persons who may appoint a registered code agency under subsection 4.2 (2);

1.4 prescribing the manner in which the appointment of a registered code agency under section 4.2 may be made and prescribing conditions and restrictions with respect to each appointment;

1.5 prescribing the information that a person who appoints a registered code agency is required to give to the director under subsection 4.2 (9) or to the chief building official under subsection 4.2 (10);

. . . . .

2.1 prescribing the information about the fees and costs to be included in a report under subsection 7 (4) and the manner in which the report is to be made available to the public;

2.2 prescribing the persons to whom notice of proposed changes in fees is to be given under subsection 7 (6), the information to be included in the notice and the manner in which the notice is to be given;

2.3 prescribing the period within which the public meeting referred to in subsection 7 (6) must be held;

2.4 prescribing the records to be maintained by a principal authority and the period for which the records must be retained;

. . . . .

3.1 establishing objectives governing the standards for the construction and demolition of buildings;

3.2 prescribing the persons who may apply for a permit under section 8 and the information to be provided with an application for a permit under section 8;

3.3 prescribing the information that a plans review certificate must contain for the purposes of clause 8 (2) (d);

3.4 prescribing the period within which the chief building official is required to make a decision under subsections 8 (2.2) and (2.3) and the manner of determining when the period begins;

3.5 prescribing the information that a plans review certificate must contain under subsection 8 (2.1) and a change certificate must contain under subsection 8 (14);

(2) Paragraph 6 of subsection 34 (1) of the Act is repealed and the following substituted:

6. establishing conditions under which the use of materials, systems and building designs that are not authorized in the building code may be allowed under section 9 and circumstances in which the use of equivalent materials, systems and building designs may be made subject to conditions;

(3) Paragraph 6 of subsection 34 (1) of the Act, as re-enacted by subsection (2), is repealed and the following substituted:

6. establishing conditions under which a chief building official, inspector or registered code agency may allow the use of equivalent alternative solutions to the requirements of the building code;

(4) Paragraph 10 of subsection 34 (1) of the Act is amended by adding at the end “or to a registered code agency”.

(5) Paragraph 12 of subsection 34 (1) of the Act is amended by inserting “or a registered code agency” after “an inspector”.

(6) Paragraph 15 of subsection 34 (1) of the Act is repealed and the following substituted:

15. requiring notice to be given to the chief building official, an inspector or a registered code agency respecting any matter in the course of construction, including notice of readiness for inspection at the stages of construction of a building, and specifying the person required to give the notices;

15.1 prescribing the type and manner of inspections for the purposes of subsection 10.2 (2) (readiness for inspection) and prescribing the period within which the inspections must be carried out;

15.2 prescribing the information that must be given to the chief building official about a person or entity who is required by subsection 15.12 (3) to have certain qualifications or to meet certain requirements or both;

15.3 prescribing the information that must be given to the chief building official under subsection 15.13 (5) about any person or entity required to have insurance coverage and about the coverage;

15.4 prescribing the manner in which a referral to the chief building official under subsection 14 (5) must be made;

(7) Paragraph 18 of subsection 34 (1) of the Act is repealed and the following substituted:

18. prescribing conditions under which a building or any part of a building may be occupied, including requiring notice to be given to a chief building official or registered code agency and requiring permission to be received from the official or agency before the building or part may be occupied;

(8) Subsection 34 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 17 and 1999, chapter 12, Schedule M, section 11, is further amended by adding the following paragraph:

22.1 prescribing the manner in which the Minister’s written interpretations under section 28.1 are to be made available to the public;

(9) Paragraph 28 of subsection 34 (1) of the Act is repealed and the following substituted:

28. prescribing forms and providing for their use or requiring that forms provided by the Minister or the director be used, and prescribing the information that must be contained in the forms;

(10) Paragraph 30 of subsection 34 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 17, is amended by inserting “or registered code agencies” after “chief building officials”.

(11) Paragraphs 33, 34 and 35 of subsection 34 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 17, are repealed and the following substituted:

33. prescribing qualifications for chief building officials, inspectors, registered code agencies, designers and other persons and entities referred to in section 15.12 and related matters including,

i. requiring different qualifications for different classes of officials, inspectors, agencies, designers and other persons and entities,

ii. requiring assessments or examinations in connection with obtaining or maintaining the required qualifications,

iii. establishing one or more registers identifying persons and entities with qualifications and such other information as the regulation may require, and

iv. requiring fees to be paid in connection with the qualifications;

34. establishing certification, registration or licensing schemes for chief building officials, inspectors, registered code agencies, designers and other persons and entities referred to in sections 15.11 (qualifications) and 15.12 (qualifications re sewage systems) which may include provision for,

i. the eligibility or ineligibility of classes of persons or entities to obtain certification, registration or a licence,

ii. categories or classes of certification, registration or licence,

iii. application for the issuance, amendment or renewal of a certificate, registration or a licence,

iv. the issuance, amendment or renewal of a certificate, registration or a licence or the refusal to do so,

v. suspension, revocation or cancellation of a certificate, registration or a licence,

vi. the imposition of conditions relating to a certificate, registration or licence, including conditions relating to the qualifications of directors, officers, partners, employees and others associated with the holder of the certificate, registration or licence, conditions relating to the manner in which specified persons carry out activities under this Act and the building code and conditions relating to insurance coverage, including the kinds and amounts of insurance and the circumstances in which a person or entity will be considered to be covered by insurance,

vii. the establishment and maintenance of one or more registers containing information about the holders of certificates, registrations or licences and containing such information as may be given to the director under paragraph 35.1, and

viii. fees payable in connection with certification, registration or licensing;

35. prescribing an appeal to a prescribed tribunal from a refusal to issue or renew a certificate, registration or licence or a suspension, revocation or cancellation of a certificate, registration or licence, prescribing the circumstances in which the decision appealed from takes effect immediately despite the appeal, and prescribing the circumstances in which the tribunal may stay the decision pending the outcome of the appeal;

35.1 requiring the Ontario Association of Architects and the Association of Professional Engineers of Ontario to give the prescribed information to the director;

35.2 prescribing fees payable to the Crown by the Ontario Association of Architects and the Association of Professional Engineers of Ontario in connection with the registers referred to in paragraphs 33 and 34 and in respect of the development of training materials for a purpose described in paragraph 33 or 34;

35.3 prescribing the persons or entities who are required under subsection 15.13 (1) to have insurance coverage and prescribing the kinds and amounts of insurance that are required and the circumstances in which the person or entity will be considered to be covered by insurance;

35.5 prescribing the manner in which registered code agencies and persons authorized by them under subsection 15.17 (1) are required to perform any of their functions;

35.6 prescribing the manner in which a registered code agency is authorized to collect, use and disclose information;

35.7 prescribing circumstances in which a registered code agency may be appointed in respect of a building even though an inspector or another registered code agency has already carried out a function described in section 15.15;

35.8 prescribing circumstances in which a registered code agency cannot be appointed, including circumstances that would constitute a conflict of interest for a registered code agency;

35.9 prescribing the information that a registered code agency is required to give to the director or to the chief building official;

35.10 prescribing the classes of persons that may be authorized by a registered code agency under subsection 15.17 (1), the conditions to which the authorization may be subject and the information that must be included in a certificate of authorization;

35.11 prescribing certificates and the form of certificates referred to in subsection 15.18 (2), the information that the certificates are required to contain and the circumstances and manner in which registered code agencies are permitted to issue them;

35.12 prescribing the circumstances in which the appointment of a registered code agency may be terminated and the conditions that must be met before the termination of an appointment, including,

i. requiring the consent of the director and authorizing the director to impose conditions and restrictions in connection with the consent, and

ii. authorizing an appeal to a person or entity specified in the regulations from a decision of the director or conditions imposed by the director;

(12) Paragraph 36 of subsection 34 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 17, is repealed and the following substituted:

36. designating persons, specifying powers of a chief building official or inspector that those designated persons may exercise to enforce this Act and the building code in relation to the qualifications of persons and entities described in sections 15.11 and 15.12 and the requirement in section 15.13 for insurance coverage, and establishing conditions for the exercise of the specified powers;

(13) Subparagraph 37 i of subsection 34 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 17, is amended by striking out “section 18.1” and substituting “subsection 15.12 (1)”.

(14) Subsection 34 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 17 and 1999, chapter 12, Schedule M, section 11, is further amended by adding the following paragraphs:

39.1 prescribing relationships for the purposes of subsection 23 (3) (eligibility to be a member of the Commission);

39.2 prescribing the period within which the Building Code Commission must hold a hearing in respect of a dispute described in clause 24 (1) (b) or (c);

39.3 providing for transitional provisions relating to the effect of a repeal or re-enactment of any provision of this Act;

(15) Subsection 34 (5) of the Act is repealed and the following substituted:

Purposes

(5) The purposes of the regulations made under this section are,

(a) to establish standards for public health and safety, fire protection, structural sufficiency, conservation and environmental integrity, and to establish barrier-free requirements, with respect to buildings; and

(b) to establish processes for the enforcement of the standards and requirements.

52. The Act is amended by adding the following section:

Status of conservation authority regulations

35.1A regulation made by a conservation authority under this Act is not a regulation within the meaning of the Regulations Act.

53. (1) Clause 36 (1) (a) of the Act is repealed and the following substituted:

(a) knowingly furnishes false information in any application under this Act, in any certificate required to be issued or in any statement or return required to be furnished under this Act or the regulations;

(3) Section 36 of the Act, as amended by the Statutes of Ontario, 1997, chapter 24, section 224 and 1997, chapter 30, Schedule B, section 19, is further amended by adding the following subsection:

Same, sewage system offences

(10) Despite subsection (9), if an offence under this section concerns the provisions of this Act and the building code related to sewage systems and if it is committed in a municipality or territory without municipal organization that is prescribed under subsection 3.1 (1), the proceeds of a fine imposed under this section shall be paid to the applicable board of health, planning board or conservation authority prescribed under subsection 3.1 (1), and section 2 of the Administration of Justice Act and section 4 of the Fines and Forfeitures Act do not apply in respect of the fine.

54. Subsection 38 (1) of the Act is amended by striking out “a judge of the Ontario Court (General Division)” and substituting “the Superior Court of Justice”.

55. Subsection 38.1 (4) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule B, section 20, is repealed and the following substituted:

Definition

(4) In this section,

“licence” means a licence, certification or registration under the building code.

Planning Act

56. (1) Paragraph 2 of subsection 41 (4) of the Planning Act is amended by striking out the portion after clause (c).

(2) Section 41 of the Act, as amended by the Statutes of Ontario, 1994, chapter 4, section 14, 1994, chapter 23, section 24 and 1996, chapter 4, section 24, is further amended by adding the following subsections:

Exclusions from site plan control

(4.1) The colour, texture and type of materials, window detail, construction details, architectural detail and interior design of buildings described in paragraph 2 of subsection (4) are not subject to site plan control.

Same

(4.2) The layout of interior areas of buildings described in paragraph 2 of subsection (4), excluding interior walkways, stairs, elevators and escalators referred to in clause (c) of that paragraph, are not subject to site plan control.

Dispute about scope of site plan control

(4.3) The owner of land or the municipality may apply to the Municipal Board (by means of a notice of motion for directions) to determine a dispute about whether a matter referred to in paragraph 1 or 2 of subsection (4) is subject to site plan control and the Board shall make a final determination that is not subject to further appeal or review.

Commencement and Short title

Commencement

57. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

58. The short title of this Act is the Building Code Statute Law Amendment Act, 2002.